Determining maintenance/spousal support (formerly referred to as alimony) can be a complicated process. Whether you are seeking to collect maintenance or may be required to pay it, you need a skilled matrimonial/family law attorney to protect your interests and financial future. Our experienced attorneys can explain the laws surrounding spousal support, inform a person of his/her legal options, challenge spousal support terms in court, and protect the person’s individual rights in and around Long Island and the New York metropolitan area.
Maintenance/spousal support is a long or short term payment of money from the monied spouse to the non-monied spouse resulting from a divorce or legal separation. Family Court can also award maintenance between spouses where there is no divorce or separation action, but where adequate support nonetheless becomes an issue. Maintenance is designed to cover the needs of the dependent spouse, including shelter, food, clothing, and medical expenses. When two people get married, they establish a standard of living. Upon a divorce, the law of New York endeavors to help the dependent spouse maintain that standard of living through the receipt of maintenance or spousal support. This type of support is designed to provide sufficient income for the dependent spouse to maintain the marital standard of living, if economically feasible, at least until the dependent spouse is able to become self-supporting.
The amount of maintenance is now determined by a formula that considers the incomes of both parties.